§ 25-1292.Abstracts of title and title insurance policy; when used as evidence; certification.
Article 12: Evidence and Witnesses · Last amended 1991 · Last verified July 22, 2026
In one sentenceThis section lets a party use an abstract of title or a title insurance policy as prima facie evidence of the recorded history of real estate at trial, after giving the adverse party at least seven days’ notice and depositing the abstract with the district court clerk for examination.
Full Text of § 25-1292
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(1) Any party to a civil action who may desire to use in evidence at the trial any abstract of title to real estate shall, not less than seven days prior to the date of trial, notify the adverse party by written notice addressed to such party's counsel of record and deposit such abstract in the office of the clerk of the district court of the county in which such action is pending for examination by such adverse party. Such abstract of title, if certified to and issued by a registered abstracter, shall be received in evidence as prima facie evidence of the existence of the record of deeds, mortgages, and other instruments, conveyances, or liens affecting the real estate mentioned in such abstract and that such record is as described in such abstract. If such abstract is successively certified to by abstracters who were bonded under section 76-506 prior to November 18, 1965, registered under sections 76-509 to 76-528 on or after November 18, 1965, but prior to March 26, 1985, or registered under the Abstracters Act, the same shall be received in evidence without further foundation.
(2) A title insurance policy issued by a title insurer licensed to issue such policy by the State of Nebraska shall also be received in court as prima facie evidence of the ownership, liens, mortgages, easements, and all other corporeal as well as incorporeal hereditaments to such real estate, the existence of which are indicated in such title insurance policy.
Source
Laws 1887, c. 64, § 3, p. 566; R.S.1913, § 7985; C.S.1922, § 8926; C.S.1929, § 20-1292; R.S.1943, § 25-1292; Laws 1965, c. 453, § 21, p. 1446; Laws 1985, LB 47, § 1; Laws 1991, LB 235, § 1.
Cross References
Abstracters Act, see section 76-535.
Plain-English Summary
Proving the recorded chain of title to a piece of real estate the old way, pulling every deed, mortgage, and lien from the county records, is slow and costly. Section 25-1292 offers a shortcut. A party who wants to use an abstract of title in evidence must notify the adverse party’s counsel of record in writing at least seven days before trial, and deposit the abstract with the clerk of the district court in the county where the case is pending, so the other side can examine it.
An abstract certified and issued by a registered abstracter then counts as prima facie evidence of what the recorded deeds, mortgages, and other instruments affecting the property show. If the abstract carries a chain of successive certifications from abstracters who were properly bonded or registered under Nebraska’s abstracter statutes, it comes in without any further foundation at all. A title insurance policy issued by a Nebraska-licensed title insurer gets similar treatment: it too is received as prima facie evidence of the ownership, liens, mortgages, easements, and other interests the policy describes.
Frequently Asked Questions
How much advance notice must the adverse party get before an abstract of title is used at trial?
At least seven days’ written notice to the adverse party’s counsel of record.
Where does the abstract have to be deposited before trial?
In the office of the clerk of the district court in the county where the action is pending.
What weight does a certified abstract from a registered abstracter carry?
It is received as prima facie evidence of the existence of the recorded instruments affecting the real estate.
When does an abstract come into evidence without further foundation?
When it carries a chain of successive certifications from abstracters who were bonded or registered under the applicable Nebraska statutes.
Can a title insurance policy be used the same way as an abstract?
Yes, a policy issued by a Nebraska-licensed title insurer is prima facie evidence of the ownership and interests it describes.
What statute governs the abstracters referenced in this section?
The Abstracters Act, see section 76-535.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
Also known as:abstract of title as evidence nebraskatitle insurance policy as evidenceregistered abstracter certification nebraskanotice before using abstract at trialprima facie evidence of title